The rationale for this approach (as opposed to an approach that was strictly the opposite of the affiliate clause) is that the parent company no longer has control over its former affiliate, and accordingly, would no longer desire to be deemed to be responsible for its breaches or to act to on its behalf with
respect to its claims against the vendor.
PwC, as receiver of the Strategic Finance group of companies, including with
respect to claims against former company directors and auditors
With
respect to the claims against CAW - National, the Court upheld the Court of Appeal's decision that CASAW - National and CASAW, Local 4 were separate legal entities.
They later brought a negligence action against the second lawyer, alleging that he had not competently advised them with
respect to their claims against the first lawyer.
Not exact matches
It may indeed seem that what I have done so far is
to offer a tentative argument
against the
claims of an exemplarist interpretation of Christ's work, namely, that if he is offered us as an exemplar his experience is in crucial
respects too relative and limited
to offer a wholly significant guide - post
to men and women in all the circumstances of their lives.
I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and
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claims of or
respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating
to any use of the Content as authorised herein.
Before he was able
to surprise people, because he made bold
claims and everyone doubted him, now everyone
respects his abilities, has seen his weaknesses and are chomping at the bit
to test themselves
against him (and fatten their pocketbooks along the way).
A similar incident had taken place in 2013 when the Leeds Supporters» Trust registered a complaint
against Millwall fans for indecorous chants aimed at the victims of the tragedy in Istanbul yet once again mutual
respect was disbanded when it came
to claiming bragging rights.
If you are involved in an incident causing injury or property damage that was (or is alleged
to have been) your fault your insurance cover may indemnify you in
respect of the legal costs of defending a third party
claim and any resulting damages awarded
against you.
We are not responsible for any third party content you access with the Services, and you irrevocably waive any
claim against us with
respect to such sites and third - party content.
Finally, the Electoral Commission needs
to recognize that its integrity and reputation have been seriously called into question by the Abu Ramadan & Evans Animako trilogy, especially with
respect to the list it produced
claiming only 56,772 NHIS registrants on the register of voters, as
against the total 14,031,000 voters on the register.
HBO does not make any representations or warranties as
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claim against us with
respect to such sites.
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claims against Book Country for such use or non-use.
Compared
to a self - employed individual, an employee is extremely limited with
respect to the deductions that can be
claimed against employment income.
--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation
to a transaction financed by the agreement, any
claim against the supplier in
respect of a misrepresentation or breach of contract, he shall have a like
claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable
to the debtor.
With
respect to a consumer credit sale, an assignee of the rights of the seller is subject
to all
claims and defenses of the buyer
against the seller arising out of the sale, notwithstanding an agreement
to the contrary, but the assignee's liability under this section may not exceed the amount owing
to the assignee at the time the
claim or defense is asserted
against the assignee.
The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees
to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and
against any and all
claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such
claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required
to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission,
to state a material fact required
to be stated in any Registration Statement or any Prospectus or necessary
to make the statements in any of them not misleading, (iii) the Registrant's failure
to maintain an effective Registration statement and Prospectus with
respect to Shares of the Funds that are the subject of the
claim or demand, or (iv) the Registrant's failure
to provide NLD with advertising or sales materials
to be filed with the FINRA on a timely basis.
The Irish Wolfhound Foundation does not make any representations or warranties as
to the security of any information (including, without limitation, credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any
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respect to such sites.
I, Tomonobu Itagaki, announce that a settlement was amicably reached on February 26th, 2010 upon a mutual agreement with
respect to the lawsuit for remuneration, etc. that I filed
against Tecmo, Ltd.
claiming the payment of unpaid remuneration, and unpaid wages, and payment of compensation for dismissal, etc..
I think the
claims made by the skeptics in this
respect are extremely optimistic and what's more they disgregard (or rather do not accept) the negative consequences of the increased warming which will have
to be balanced
against any gains from increased crop yields.
Because neither party obtained a monetary recovery, the
claims against trustee were not dismissed, and plaintiff obtained an equitable judgment
against trustee, the case — with
respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion
to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.
He continued, «When a State exercises its sovereignty
to agree
to a treaty, especially one which enables private parties
to bring
claims against it in an international forum,
respect for the State's sovereignty requires close adherence
to and compliance with exactly what the State has actually agreed
to.
The issue was whether the principle provided a defence
to a
claim brought by a company involved in a fraud,
against a third party, in
respect of losses suffered as a result of the fraud.
The motion judge correctly ruled that, where there was no evidence that David Pearlman was in control of the vehicle at the time of the accident or that he gave his consent
to Thomas» operation of the vehicle, he was entitled
to summary judgment with
respect to the negligence
claim against him.
Crowden had obtained judgment
against their IFA in
respect of a
claim for negligently advising them
to purchase investment bonds, which had caused Crowden
to suffer substantial losses when the bond issuer became insolvent.
Successfully settled for CREDIT SUISSE TRUST in Guernsey a High Court
claim against an international bank for breach of duty and fraudulent misrepresentation in
respect of advice given
to invest in a US$ 50m property project in Dubai.
Disputes
against insurance agents and brokers with
respect to claims involving the alleged failure
to obtain insurance coverage or limits
Promptly after receipt by a person entitled
to indemnification pursuant
to the foregoing Section 9.1 or 9.2 (the «Indemnified Party») of notice of the commencement of any action, the Indemnified Party will, if a
claim in
respect thereof is
to be or has been made
against a party who has agreed
to provide indemnification under Section 9.1 or 9.2 (an «Indemnifying Party»), promptly notify in writing the Indemnifying Party of the commencement thereof; but the omission
to so notify the Indemnifying Party will not relieve it from any liability which it may have
to the Indemnified Party except
to the extent the Indemnifying Party is prejudiced by the delay or failure
to notify it.
A
Claim was brought
against our client by an overseas company in
respect of an alleged debt owed
to it in the sum of around # 1.2 m.
The Lawyer describes Emily as instructed in weighty disputes, citing her recent defence of Barclays
against a $ 240m indemnity
claim by UniCredit, the major Italian bank, in
respect of a sophisticated structured finance deal between the two banks and that she acted for the UAE's Crescent Petroleum in knocking out an attempt by the National Iranian Oil Company
to challenge an arbitration award
against it.
A
claim against an IFA in relation
to allegations of negligent advice in
respect of investments in Arch Cru products (value: approx.
In a Court of Appeal case, Lady Justice King and Lord Justice Hamblen has found in favour of Christina Estrada and dismissed Dr Al - Juffali's appeal, and permitted her financial
claims against him in
respect of their marriage
to proceed.
Vakis T [2002] 2 Lloyd's 465: Chris was instructed on behalf of the shipowners in this matter which involved a successful appeal
to the Commercial Court
against an award of LMAA arbitrators in
respect of a failed unsafe berth
claim.
Notable mandates: Acted for Soltoro Ltd. in connection with its successful disposition by plan of arrangement
to Agnico Eagle Mines Ltd.; co-counsel for Trillium Motor World Ltd. in class action
against General Motors of Canada Ltd. and Cassels Brock & Blackwell LLP; acted for Canadian Solar Inc. in connection with raising an aggregate of US$ 50 million in equity and US$ 100 million in debt financing for acquisition financing and working capital purposes; external counsel
to the Regional Municipality of York, providing a wide range of municipal, real estate, expropriation, litigation, and commercial law advice and services; counsel
to minority shareholder of a Nevis LLC worth more than US$ 500 million with
respect to a
claim for relief from unfair prejudice in litigation in Nevis and the Commercial Division of the Eastern Caribbean Supreme Court in British Virgin Islands, and in contemporaneous related actions in Belize and the United States.
18 (1) For the purposes of subsection 5 (2) and section 15, in the case of a
claim by one alleged wrongdoer
against another for contribution and indemnity, the day on which the first alleged wrongdoer was served with the
claim in
respect of which contribution and indemnity is sought shall be deemed
to be the day the act or omission on which that alleged wrongdoer's
claim is based took place.
Our law firm represented one of the largest domestic commercial banks and its Supervisory Board with
respect to a challenging
claim brought
against former executives of the bank.
Thus the Supreme Court held that the policy of «deport first; appeal later» is a violation of human rights as an appeal
against a deportation order by reference
to a
claim in
respect of private and family life under ECHR, art 8 should be effective, and this means there must be an opportunity for appellants
to give live evidence
to assist the tribunal.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek
to obtain for actions or omissions of other Members or other third parties will be limited
to a
claim against the particular Members or other third parties who caused you harm and you agree not
to attempt
to impose liability on, or seek any legal remedy from EsqSocial with
respect to such actions or omissions.
He also acted as lead counsel for the General Service Small / General Service Medium customer class in a multi-week hearing before the Manitoba Public Utilities Board for the first Cost of Service Review of Manitoba hydro in over 10 years, and is acting for acting for SNC - Lavalin as a plaintiff in a multimillion - dollar coverage
claim as
against its insurer with
respect to an E&O
claim regarding a major infrastructure project in Manitoba.
Save for intentional wrongdoing, the parties waive,
to the fullest extent permitted under the applicable law, any
claim against the arbitrators, any person appointed by the arbitral tribunal, the BVI IAC and its employees, including the CEO, any member of its Secretariat and any member of any Challenge Committee in
respect of any act or omission in connection with the arbitration.
If the class action is unsuccessful, Class Members will not receive any compensation from this lawsuit (and will not be able
to start their own lawsuits
against CIBC in
respect of the same issues and
claims) but will have no financial obligations in
respect of the lawsuit.
Accordingly, all
claims made by or
against Dubai World and its subsidiaries must be brought before the Special Tribunal, with the exception of
claims which are subject
to a binding arbitration agreement; as decided by the first Practice Direction issued by the Special Tribunal on 30 March 2010, which had stated that it will be the policy of the Special Tribunal
to respect and enforce arbitration agreements.
While this blog is primarily concerned about ICBC injury
claims against at - fault drivers (tort
claims) written reasons for judgment were released today that are of interest
to anyone caught up in a dispute with ICBC with
respect to their own insurance coverage and the value of damage
to their car.
Represented Barbados investor in ICSID arbitration
against the Venezuelan government involving
claims, under the Barbados - Venezuela bilateral investment treaty, with
respect to automotive industry investment and restrictions on foreign exchange and importation
As part of the consideration
to induce MC
to undertake its obligations and perform its services with
respect to your order, you and your applicable representatives each agree jointly and severally
to indemnify and save harmless MC, and its affiliates, employees, owners and representatives,
against all liability, loss, damage, and expense of any nature, including attorneys» fees and court costs, arising out of any actual or potential
claims for libel, invasion of privacy, copyright or trademark infringement and / or any other actual or potential
claims or suits that may arise out of MC's obligations and / or services with
respect to your order.
Represented Spanish investor in ICSID arbitration
against the Venezuelan government involving
claims, under Spain - Venezuela bilateral investment treaty, with
respect to expropriation of bank and related assets
acting for a large telecommunications company in a
claim against solicitors in
respect of negligent advice relating
to disclosure obligations
pursuing negligence
claim against surveyors in
respect of the valuation of a large commercial property portfolio in the North West of England and North Wales in relation
to secured lending of # 60 million
It is disconcerting that the Court of Appeal in the case of Wood - v - TUI Travel 2017 (not a Hill Dickinson case) dismissed an appeal where the judge at first instance held that section 4 (2) of the Supply of Goods and Services Act 1982 (the Act) could be used
against TUI in
respect of a
claim of contaminated hotel food in order
to hold TUI strictly liable.
acting for a national construction business in a
claim against a firm of solicitors for the loss of chance
to pursue litigation
against a large accountancy firm in
respect of defective account auditing